, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
CIV3701 ASSIGNMENT 1 SEMESTER 1 2026
MEMO
DUE DATE MARCH 2026
QUESTION 1
(a) Briefly discuss the distinction between local peregrinus and foreign peregrinus. (2)
In South African civil procedure, a distinction is drawn between a local peregrinus and a
foreign peregrinus in order to determine issues such as jurisdiction and security for costs. A
local peregrinus is a person who resides outside the jurisdiction of a specific court but still
within the borders of South Africa. For example, a person living in Durban may be regarded
as a peregrinus in relation to a court in Johannesburg because that court does not have direct
territorial jurisdiction over the person. By contrast, a foreign peregrinus is a person who
resides outside the borders of South Africa altogether and therefore falls outside the
jurisdiction of South African courts unless jurisdiction is established through recognised
connecting factors such as attachment of property or consent to jurisdiction. The distinction
is important because foreign peregrini are more likely to be required to provide security for
costs and the court may need to confirm jurisdiction through procedures such as attachment
to found or confirm jurisdiction (Cilliers, Loots and Nel Herbstein and Van Winsen: The
Civil Practice of the High Courts and the Supreme Court of Appeal of South Africa).
(b) Briefly discuss the difference between process and pleadings. (4)
In civil procedure, process refers broadly to the formal documents used to initiate or advance
legal proceedings in a court of law. Process includes documents such as summonses, notices
of motion, subpoenas and warrants. These documents are used to compel a party to appear
before court, to commence legal proceedings, or to require a person to take a specific
procedural step. The main purpose of process is therefore procedural: it ensures that
CIV3701 ASSIGNMENT 1 SEMESTER 1 2026
MEMO
DUE DATE MARCH 2026
QUESTION 1
(a) Briefly discuss the distinction between local peregrinus and foreign peregrinus. (2)
In South African civil procedure, a distinction is drawn between a local peregrinus and a
foreign peregrinus in order to determine issues such as jurisdiction and security for costs. A
local peregrinus is a person who resides outside the jurisdiction of a specific court but still
within the borders of South Africa. For example, a person living in Durban may be regarded
as a peregrinus in relation to a court in Johannesburg because that court does not have direct
territorial jurisdiction over the person. By contrast, a foreign peregrinus is a person who
resides outside the borders of South Africa altogether and therefore falls outside the
jurisdiction of South African courts unless jurisdiction is established through recognised
connecting factors such as attachment of property or consent to jurisdiction. The distinction
is important because foreign peregrini are more likely to be required to provide security for
costs and the court may need to confirm jurisdiction through procedures such as attachment
to found or confirm jurisdiction (Cilliers, Loots and Nel Herbstein and Van Winsen: The
Civil Practice of the High Courts and the Supreme Court of Appeal of South Africa).
(b) Briefly discuss the difference between process and pleadings. (4)
In civil procedure, process refers broadly to the formal documents used to initiate or advance
legal proceedings in a court of law. Process includes documents such as summonses, notices
of motion, subpoenas and warrants. These documents are used to compel a party to appear
before court, to commence legal proceedings, or to require a person to take a specific
procedural step. The main purpose of process is therefore procedural: it ensures that
